Can I Work While Receiving SSDI in New Hampshire?

Can I Work While Receiving SSDI in New Hampshire?

Many Social Security Disability Insurance (SSDI) recipients wonder whether they can work while receiving benefits. The short answer is yes, but there are strict limitations and rules you must follow to avoid jeopardizing your disability payments. Understanding these rules is crucial for New Hampshire residents who want to supplement their income without losing their hard-earned benefits.

The Social Security Administration (SSA) recognizes that some individuals receiving SSDI may want to attempt returning to work or may be able to perform limited work activities. However, the fundamental requirement for SSDI eligibility is that you cannot engage in what the SSA calls "substantial gainful activity" (SGA). Navigating these rules requires careful attention to income limits, work incentives, and reporting requirements.

Understanding Substantial Gainful Activity (SGA)

The concept of substantial gainful activity is central to determining whether you can work while on SSDI. For 2024, the SSA defines SGA as earning more than $1,550 per month for non-blind individuals and $2,590 per month for statutorily blind individuals. These amounts are adjusted annually for inflation.

If your earnings exceed the SGA threshold, the SSA generally considers you able to engage in substantial gainful activity, which would disqualify you from continuing to receive SSDI benefits. However, the calculation is not always straightforward. The SSA looks at your gross earnings before taxes and may make certain deductions for:

• Impairment-related work expenses (IRWE) that you pay for items or services needed to work due to your disability
• Unincurred business expenses if you are self-employed
• Subsidies or special assistance you receive from your employer
• Unpaid help from others in performing your work duties

For New Hampshire residents working in positions that require disability-related accommodations or modifications, these deductions can make a significant difference in whether your earnings remain below the SGA threshold.

Trial Work Period: Testing Your Ability to Work

One of the most valuable work incentives available to SSDI recipients is the Trial Work Period (TWP). This program allows you to test your ability to work for at least nine months without losing your disability benefits, regardless of how much you earn during those months.

The nine months do not need to be consecutive. The SSA counts any month in which you earn more than $1,110 (for 2024) or work more than 80 hours in self-employment as a trial work month. Once you have used nine trial work months within a rolling 60-month period, your trial work period ends.

During your TWP, you continue receiving full SSDI benefits as long as you report your work activity and continue to have a disabling impairment. This provides a critical safety net for New Hampshire residents who want to return to work but are uncertain whether they can sustain employment given their medical conditions.

Extended Period of Eligibility and Beyond

After your trial work period ends, you enter what the SSA calls the Extended Period of Eligibility (EPE), which lasts for 36 consecutive months. During the EPE, you can receive SSDI benefits for any month your earnings fall below the SGA level. If your earnings exceed SGA, your benefits are suspended for that month but not terminated.

This creates a valuable cushion for individuals whose work capacity fluctuates due to their medical conditions. For example, if you are a New Hampshire resident with a chronic pain condition that causes periodic flare-ups requiring time off work, you may have months where your earnings drop below SGA, allowing you to receive benefits during those difficult periods.

After the 36-month EPE ends, your SSDI benefits will be terminated if you are still earning above SGA levels. However, you may qualify for Expedited Reinstatement if you stop working or your earnings drop below SGA within five years of your benefits ending. This allows you to request reinstatement of benefits without filing a new application.

Reporting Requirements and Potential Consequences

You are legally required to report any work activity to the SSA. Failure to do so can result in overpayment of benefits, which you will be required to repay, and potential penalties for fraud. New Hampshire SSDI recipients should report work activity by calling the SSA at 1-800-772-1213, visiting their local Social Security office, or reporting online through their my Social Security account.

When reporting work activity, you should provide:

• Your start date of employment
• The name and address of your employer
• Your gross wages and work hours
• Any impairment-related work expenses you are incurring
• Information about any changes in your medical condition

The SSA will review your work activity and determine whether it affects your benefits. Receiving notice of an overpayment can be financially devastating, particularly for individuals who relied on those funds for living expenses. If you receive an overpayment notice, you have the right to appeal or request a waiver if you were not at fault and repayment would cause financial hardship.

Special Considerations for New Hampshire Residents

New Hampshire residents receiving SSDI should be aware that work activity may also affect other benefits they receive. If you receive Supplemental Security Income (SSI) in addition to SSDI, different and more restrictive income rules apply. SSI has much lower income limits and different work incentive programs.

Additionally, if you receive Medicaid benefits in New Hampshire, returning to work may affect your eligibility. However, New Hampshire offers a Medicaid Buy-In program for working individuals with disabilities that allows you to maintain health coverage even if your income exceeds traditional Medicaid limits. This program can be crucial for individuals whose disabilities require ongoing medical treatment and prescription medications.

New Hampshire also participates in the Ticket to Work program, a free and voluntary SSA program that helps SSDI and SSI recipients prepare for, find, and maintain employment. Through this program, you can receive vocational rehabilitation services, job placement assistance, and other support services at no cost to you. Participating in Ticket to Work also provides certain protections, including suspension of continuing disability reviews while you are making timely progress toward your employment goals.

The decision to return to work while receiving SSDI is highly personal and depends on your medical condition, financial needs, work capacity, and long-term goals. Consulting with an experienced disability attorney can help you understand how work activity will affect your specific situation and ensure you maximize available work incentives while protecting your benefits.

Need Help? If you have questions about your case, call or text 833-657-4812 for a free consultation with an experienced attorney.

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